(A) Request for a variance to these restrictions or requirements will be considered when special circumstances or conditions exist.
(B) VARIANCE means deviations from the terms of these regulations that would not be contrary to public interest due to special circumstances or conditions, when literal enforcement of the provisions of these regulations would result in undue and unnecessary hardship
(1) Procedure.
(a) Review and recommendations of the Planning and Zoning Board. The Planning and Zoning Board shall place the variance request on the agenda for a regularly scheduled Planning and Zoning Board meeting. The Planning and Zoning Board will solicit public comments during the meeting on the application for a variance. At the public meeting, the Planning and Zoning Board shall consider the application, the relevant support materials and the public statements provided at the public meeting. The Planning and Zoning Board shall act to either approve or disapprove the application based upon the variance standards.
(b) Appeals procedures. Any applicant affected by a variance decision by the Planning and Zoning Board may appeal the action to the Town Council.
1. The appeal must be made within ten days of the act or failure to act. The appeal shall be filed with the Town Clerk and a written notice specifying the grounds of the appeal shall be filed with the Town Council.
2. The applicant whose action is appealed shall transmit all papers constituting the record of the action to the Town Council.
3. The Town Council shall fix a reasonable time for the hearing, give public notice thereof posted at the Town Hall as well as due notice to the parties of interest, and decide the same within a reasonable time; provided that such a hearing shall not be held earlier than seven days after the required notices have been given and at a regularly scheduled Town Council meeting. The notices shall contain the names of the appellant, a statement of the nature of their request, and the time and place of the hearing.
4. At the hearing, a party may appeal in person or by agent or by attorney.
(2) Standards. In order to authorize a variance, the Planning and Zoning Board must find that all the following conditions are met.
(a) Special conditions and circumstances exist. There are special circumstances or conditions which are peculiar to the land or building for which a variance is sought that do not apply generally to land or buildings in the neighborhood.
(b) Not a result of applicant. The special circumstances and conditions have not resulted from any act of the applicant that was intended to circumvent these regulations.
(c) Strict application is unreasonable. The special circumstances and conditions are such that strict application of the regulations would either deprive the applicant of reasonable use of the land or building or create hardship on the landowner far greater than the protection afforded to the community by the regulation sought to be varied.
(d) Minimum variance. The granting of the variance is the minimum necessary to make possible the reasonable use of the land or building.
(e) Not injurious to neighborhood. The granting of the variance will not be injurious to the neighborhood surrounding the land where the variance is proposed and is otherwise not detrimental to the public welfare.
(f) Harmony with regulations. The granting of the variance is consistent with the general purpose and intent of these regulations.
(C) (1) The town shall have the right to enforce, by any proceeding at law or in equity, all provisions of these requirements and the International Code Council.
(2) In addition to enforce any and said provisions, including the defense of any said provisions, the town shall be entitled to recover its legal fees and expenses in the event that a court shall determine that an owner has committed one or more violations of said regulations, the International Code Council or to restrain a violation thereof.
(Ord. 2019-06, passed 9-18-2019)